Marijuana Laws in New Jersey

Marijuana — also known as pot, weed, bud and Mary Jane — is a plant-based drug. Smoking marijuana can get a person high; the drug is also used medicinally. Marijuana drug laws around the country and in New Jersey have been changing to accommodate marijuana use.

In New Jersey, the majority of marijuana laws deal with:

Possession

Possession with intent to distribute

Distribution

Cultivation

Failure to turn over marijuana to a nearby police officer

Driving under the influence (DUI)

Drug paraphernalia

These laws are applicable for:

Marijuana

Hashish, also known as hash

Marijuana or hashish concentrates

The law can be confusing, however. For example, medical marijuana has been legal since 2010. While it is legal to possess 2 ounces of marijuana with a prescription from a doctor, possession of the same amount of non-medical marijuana is punishable by 18 months in jail and a $25,000 fine.

Possession of Marijuana in NJ

Nine states and Washington, D.C., have legalized the recreational use of marijuana, but possession of marijuana that has not been medically prescribed is still a serious offense in New Jersey.

Possession

Charge

Maximum Jail Time

Maximum Fine

Additional Penalties

50 grams or less

Disorderly Person

6 months

$1,000

–

<50 grams

Felony

18 months

$25,000

–

Within 1,000 feet of a school

–

–

Additional fine (variable depending on quantity)

100 hours of community service

In a motor vehicle

Traffic Offense

–

–

2 years loss of driving privilege

Distribution or Possession with the Intent to Distribute in NJ

Twenty-nine states — including New Jersey — and Washington, D.C., have legalized medical marijuana. If you do not have a license to dispense marijuana in New Jersey, distribution is a serious offense with stiff penalties.

Distribution

Charge

Jail Time

Maximum Fine

>1 ounce

Crime - 4th degree

18 months, with a minimum sentence of ½ or ⅓ of the sentence

$25,000

1 ounce – >5 pounds

Crime - 3rd degree

3–5 years

$25,000

5 – >25 pounds

Crime - 2nd degree

5–10 years

$150,000

25 pounds or more

Crime - 1st degree

10 years (mandatory) – 20 years

$300,000

Within 1,000 feet of school property or school bus

Crime - 3rd degree

3 years (mandatory) – 5 years

$150,000

>1 ounce within 500 feet of certain public property

Crime - 3rd degree

3–5 years

$25,000

<1 ounce within 500 feet of certain public property

Felony

5–10 years

$150,000

Sale to minors or pregnant women

Felony

Double

Double

Cultivation of Marijuana in NJ

Growing marijuana in New Jersey is illegal. Patients who have been prescribed marijuana must purchase it from a state-licensed dispensary.

Cultivation

Charge

Maximum Jail Time

Maximum Fine

1 ounce – >5 pounds/ >10 plants

Crime - 3rd degree

3–5 years

$25,000

5 – >25 pounds/10 – >50 plants

Crime - 2nd degree

5–10 years

$150,000

<50 lbs/<50 plants

Crime - 1st degree

10 years (mandatory) – 20 years

$300,000

Hashish & Concentrates Charges

The state of New Jersey defines hashish as "the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin."

Manufacturing, distributing, dispensing, or possessing with intent of distribution: 5 pounds or more

Crime - 1st degree

10–20 years

$200,000

Within 1,000 feet of school property or school bus

Crime - 3rd degree

3 years (mandatory) – 15 years

$150,000

Paraphernalia

Drug paraphernalia refers to any equipment that is used to produce, conceal and consume illicit drugs, such as pipes and cigarette papers.

Paraphernalia

Charge

Maximum Jail Time

Maximum Fine

Possession or use of paraphernalia

Disorderly Person

6 months

$1,000

Sale of paraphernalia

Crime - 4th degree

18 months

$10,000

Sale of paraphernalia to minors

Crime - 3rd degree

3–5 years

$25,000

Marijuana Case Defense

If you an are an adult or juvenile facing drug charges, you need an experienced New Jersey criminal defense lawyer on your side. We understand your situation and will work with you to aggressively defend and/or negotiate the best possible outcome for you. Among other strategies, we will work to determine:

If the stop by law enforcement was constitutional.

If the search of the person, home or vehicle was constitutional.

If there was proper chain of custody and testing of the marijuana.

Conditional Release

If this is your first prosecution, we will work towards trying to obtain conditional release or alternative or diversion sentencing for you. In many cases, conditional release lets you choose probation instead of a trial. Once the probation has been completed successfully, the charge does not appear on your criminal record.

If you are facing marijuana charges, it is critically important that you contact an experienced New Jersey criminal defense attorney to plan your defense.